(A) (1) All specifications for the construction or substantial renovation of any building, roadway, bridge, shelter, parking lot, or other capital project, or for the provision of services for the village, shall include a requirement that any person, firm, corporation, or other entity submitting a bid shall include a complete, accurate, and truthful listing and description of all citations, complaints, summons, decisions, determinations, judgments, or other allegations or findings of any violation of state or federal laws which protect the health, safety, or welfare of workers, including, but not limited to, OSHA, FMLA, FLSA, ADA, ADEA, NLRA, the Federal Civil Rights Act, the state’s Human Rights Act, the state’s Wage and Hour Law, and the Prevailing Wage Act, filed against it or any entity with whom it is submitting the bid, including joint venturers and partners, and also including parent and subsidiary corporations or entities, and shall further include a true statement regarding any and all apprenticeship and training programs, approved by and registered with the United States Department of Labor’s Bureau of Apprenticeship and Training, that such bidder is a participant in and that the corresponding trade or craft will be utilized on the project being bid; provided, however, that the village may waive any apprenticeship and training program requirement herein.
(2) If the bidder has not been the recipient of any citations, complaints, summons, decisions, determinations, judgments, or other allegations or findings as aforesaid, it shall include a statement to that effect with its bid.
(B) Any bidder who willfully fails or refuses to include the information required in division (A) above, or whose report is substantially incomplete, inaccurate, or untruthful, shall be disqualified and its bid rejected.
(C) The village may reject any bid and disqualify any bidder whose report, or subsequent inquiry into the matters contained in such report, reveals that there has been a finding, determination, or judgment by an agency of the state or federal government charged with the responsibility of enforcing laws and regulations which protect the health, safety, or welfare of workers, as enumerated above, or otherwise, that the bidder has violated such a statute or regulations, and that such violation was:
(1) Found to have been part of a pattern of similar violations, or one of three or more similar violations committed within the three years immediately preceding the submission of the bid;
(2) Classified by an agency of the state or federal government as serious;
(3) One which threatened the health or safety of the workers employed by the bidder;
(4) One resulting in the payment of back wages and benefits of $3,000 or more;
(5) One that resulted or could have resulted in the debarment of the bidder from contracting with the state or federal government, or any agency thereof; and/or
(6) That the bidder and its employees do not actively participate in applicable apprenticeship and training programs as aforesaid.
(D) Any person, firm, corporation, or other entity seeking to submit bids for any project of, or for the provision of services for the village, which has been disqualified or had its bids rejected by the village on three or more occasions within the three years immediately preceding the submission of the bid which is then currently before the village for consideration, shall be debarred from submitting further bids for the village’s projects for a period of two years following the rejection of the bid then currently being considered by the village.
(Ord. 10-02, passed 1-29-2010)